[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR250.4]

[Page 676]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 250--GUARANTEE OF CERTIFICATES OF TRUSTEES OF RAILROADS IN REORGANIZATION--Table of Contents
 
Sec. 250.4  Execution and filing of application.

    The following procedure shall govern the execution and filing of the 
application:
    (a) The original application shall bear the date of execution and be 
signed with ink by or on behalf of the trustee and the lender. Execution 
on behalf of the trustee shall be by the trustee or trustees having 
knowledge of the matters therein set forth. Persons signing the 
application on behalf of the trustee and lender, respectively, shall 
also sign a certificate in form as follows:

    (Name of official) ------------------------ certifies that he is the 
------------------------ (title of official) of the --------------------
---- (name of carrier or lender); that he is authorized on the part of 
said applicant to sign and file with the Administrator this application 
and exhibits attached thereto; that he has carefully examined all of the 
statements contained in such application and the exhibits attached 
thereto and made a part thereof relating to the aforesaid --------------
-- (name of carrier or lender); that he has knowledge of the matters set 
forth therein and that all such statements made and matters set forth 
therein are true and correct to the best of his knowledge, information, 
and belief.
                                                                  (Date)

    (b) There shall be made a part of the original application the 
following certificate by the Chief Accounting Officer of the carrier:

    (Name of officer) ------------------------, certifies that he is --
---------------------- (title of officer) of --------------------------
------ (name of carrier applicant); that he has supervision over the 
books of account and other financial records of the carrier and has 
control over the manner in which they are kept; that such accounts are 
maintained in good faith in accordance with the effective accounting and 
other orders of the Interstate Commerce Commission; that he has examined 
the financial statements and supporting schedules included in this 
application and to the best of his knowledge and belief said statements 
accurately reflect the accounts as stated in the books of account; and 
that, other than the matters set forth in the exceptions attached to 
such statements, said financial statements and supporting schedules 
represent a true and complete statement of the financial position of the 
carrier applicant and that there are no undisclosed assets, liabilities, 
commitments to purchase property or securities, other commitments, 
litigation in the courts, contingent rental agreements, or other 
contingent transactions which might materially affect the financial 
position of the carrier applicant.
                                                                  (Date)

    (c) The original application and supporting papers, and six copies 
thereof for the use of the Administrator shall be filed with the 
Administrator, Federal Railroad Administration, Department of 
Transportation, Washington, DC. Simultaneously, one copy of the 
application and supporting papers shall be filed with the Secretary of 
the Interstate Commerce Commission, Washington, DC. Each copy shall bear 
the dates and signatures that appear in the original and shall be 
complete in itself, but the signatures in the copies may be stamped or 
typed. If unusual difficulties arise in the furnishing of any of the 
exhibits required in Sec. 250.2, the carrier applicant or the lender, 
upon appropriate showing and with the consent of the Administrator, may 
file a lesser number.
    (d) In the event the furnishing of exhibits in the detail required 
by Sec. 250.2 is shown by the applicant or applicants to be unduly 
burdensome in relation to the nature and amount of the loan, the 
Administrator may modify the requirements of said section. In addition, 
the Administrator may waive or modify any requirement of this part upon 
good cause shown, or make any additional requirements he deems 
necessary.

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